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Travelling on F1/OPT while H1B is approved

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  • Travelling on F1/OPT while H1B is approved

    Hi All,
    My H1-B(I-129 petition) is approved, as COS, in this cycle and will be valid from 01-Oct-2021.My F1-visa & STEM OPT EAD is valid till next year (May-2023 & Jul-2022 respectively).
    Due to family emergency, can I travel around July-August and return by 15 Sep 2021? I am planning to travel on F1-visa and not planning to get H1B stamped
    Is there any challenge in this ? Can the CBP officer deny entry and ask to enter on H1 after stamping ?
    Pls advise.

  • #2
    Hi,
    If you have valid visa during these period, yes you can travel and return back on Student visa.. But, at the CBP enquiry, they may raise a question whether you have non-immigrant intent that is, whether you intend to return to your home country after you complete your courses. When they check the system and come to know that you have H1B Approval which is dual intent, you are in the situation to convince them to approve your entry with your Answer.
    Please consider all of these scenarios and decide.
    Thanks

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